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HomeMy WebLinkAboutPDS-14-029A - Baraka Center of the Treasure Coast,~~ Re-Recorded to correct PDS number and to include pages missed on first recording. r• 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ', 33 34 35 36 37 38 39 40 41 42 43 44 45 PDS Order No. 14-029-A ~: ~' MNSP 1120134692 AN ORDER GRANTING MINOR SITE PLAN APPROVAL FOR A PROJECT TO BE KNOWN AS BARAKA CEMETERY WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for site plan approval and reviewed the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Baraka Center of the Treasure Coast, Inc. presented a petition for a Minor Site Plan project, to be known as Baraka Cemetery for the development of a Private Non-Profit Cemetery located on the west side of Christensen Road, approximately 100 feet south of West Midway Road, in the I (Institutional) Zoning District for the property depicted on Exhibit A and described below in Part B below. 2. On July 2, 2014, through the adoption of Resolution 2013-117, the Board of County Commissioners granted a Conditional Use Permit for the Christensen Road Cemetery, to allow anon-profit cemetery to be located on the subject property, in I (Institutional) Zoning. 3. The Development Review Committee has reviewed the site plan for the proposed project and found, with the proposed conditions, it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the Land Development Code. 4. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The project is to be served by on-site water service. 8. Planning Staff has performed a detailed analysis of the project and determined it to be JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3972391 07/03/2014 at 11:52 AM OR BOOK 3649 PAGE 1903 - 1906 Doc Type: ORD RECORDING: $35.50 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3970128 06/262014 at 11:52 AM OR BOOK 3647 PAGE 959 -961 Doc Type: ORD RECORDING: $27.00 0 U 5 0 ~ o U c w ~ U ~ O LL N ^ 0 ~ N Y or ~ ~rn V ~ N ~ Z~W _~~~ Ho~a ~Uo y W ~ ~ LLI V 'r =JMO W z '~ °m °y~o . ,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 cgnsistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Development Review Committee Final Report for the Baraka Cemetery Minor Site Plan, dated June 13, 2014. 9. The applicant has applied for and received a Certificate of Capacity, a copy of which is attached to this order, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the proposed Minor Site Plan project known as Baraka Cemetery, is hereby approved as shown on the site plan drawings for the project prepared by Friscia Engineering, dated October 7, 2013, revised through April 14, 2014, and date stamped received by the St. Lucie County Planning and Development Services Planning Division on April 30, 2014, subject to the following conditions: 1. Within 90 days of this site plan approval, the applicant, owner or assigns shall convey 10 feet of road right of way for Christensen Road. Manner and form of conveyance shall be acceptable to the County Attorney. 2. Within 90 days of this site plan approval, the applicant, owner or assigns shall execute an agreement to pay afee-in-lieu of construction fora 5 foot wide sidewalk and remit t the required funds to St. Lucie County. The acceptable method of payment shall be a certified check payable to St. Lucie County. 3. The terms and conditions set forth in Resolution 2013-117, granting conditional use permit approval to the Christensen Road Cemetery, are incorporated herein, and shall remain in full force and effect, unless amended consistent with Land Development Code provisions. 4. Major or minor revisions to this conditional use Minor Site Plan approval may be made consistent with the County's Land Development Code and the Conditions of Approval set forth in Resolution 2013-117. 5. The project development and operations are subject to the terms and conditions of the cemetery b_ ylaws date stamped by the Planning and Development Services Planning Division on June 2, 2014. A recorded copy of the cemetery bylaws shall be submitted to the County Planning and Development Services Department prior to the issuance of zoning compliance. Future amendments to the cemetery bylaws shall be submitted to the Planning and Development Services Department for inclusion in the project file. June 19, 2014 PDS No. 14-029 MNSP 1120134692 Page 2 '. :: 6. Prior to the issuance of a building permit, the applicant shall provide one (1) set of signed and sealed plans for constructability review and approval by the ;_ . Engineering Division. 7. Final construction approval will not be provided until final signed and sealed drawings are received for review by the Engineering Division. 8. Prior to issuance of a Vegetation Removal Permit or Exemption, apre-construction meeting with ERD staff is required to verify tree protection measures have been installed. 9. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any~liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 10. All other applicable state or federal permits must be obtained before commen of the development. B. The property on which this Minor Site Plan approval is being granted is described as follows: LOT 100, LESS TRACT 208 FEET X 300 FEET IN THE NORTHEAST CORNER AND LESS TRACT 208.71 FEET SQUARE TO BILLMAN AND LESS THE WEST 135.00 FEET, WHITE CITY SUBDIVISION, SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS, OF ST. LUCIE COUNTY, FLORIDA. Parcel ID No.: 3403-502-0190-0005 Location: Christensen Road, approximately 100 feet south of West Midway Road. C. The approvals granted by this administrative order shall expire on June 19, 2016, unless a building permit is issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The Site Plan approval granted under this Order is specifically conditioned to the requirement that the property owner, successor and assigns in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building June 19, 2014 MNSP 1120134692 PDS No. 14-029 Page 3 ~; ~~ I .: ~ t . . 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 E. This Order shall become effective upon the date of approval indicated below. -Should the property owner, developer or authorized agent wish to appeal any cond,~fi~n described in Part A above, all such appeals must be filed in writing with the County, Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the applicant and agent of record as identified on the site plan applications. G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. H. The Certificate of Capacity shall be valid for the same period as this order. If this order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. I. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 19th Day of June, 2014. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Mark Satterlee, AICP APPROVED AS TO FORM AND CORF~CTNESS: , BY Count~/Attorney June 19, 2014 PDS No. 14-029 MNSP 1120134692 Page 4 -:f~ I~ ' _ . '~J . .~: . ' St Lucie County Certificate of Capacity ., 'Date 6/]2/2014 Certificate No. 2939 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor Site Plan Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 3403-502-0190-0005 Christensen Road, 100 feet south of W. Midway Baraka Cemetery 3. Approval: Building Resolution No. PDS 14-029 Letter 4. Subject to the following conditions for concurrency: See PDS Order 14-029 and Resolution 2013-117 Owner's name Baraka Center of the Treasure Coast, Inc. Address 2054 SW Providence PL Port St. Lucie FL 34953 6. Certificate Expiration Date This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development orcl,~r(s) issued for the same property, use and size as described herein. Signed / ~lliw/ ~.~ Date: 6/12/2014 Planning and Development Services Director St Lucie County, Florida Thursday, June 12, 2014